Loading...
HomeMy WebLinkAbout02-1466 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RONALD A. RILEY, AK-8743, in his own behalf, 1100 Pike Street, : Huntingdon, Pa 16654. : PLAINTIFF: : -VS- FIRST UNION HOME EQUITY BANK, : d/b/a Financial Lending Institu- tion and Enjoying Commerce In : The State Of Pennsylvania, 1000 Louis Rose Place, Charlotte,: North Carolina, 28288-1184 : and FEDERMAN AND PHELAN, Esq., Two Penn Center Plaza, Suite 900 Philadelphia, Pa 19102. and ROBERT B. LIEBERMAN,Esq., 500 North Third Street, 12th Floor, PO Box 1004, Harrisburg, Pa 17101-1004 CIVIL ACTION NUMBER JURY TRIAL DEMANDED ON ALL TRIABLE ISSUES DEFENDANT'S: N O T I C E YOU ARE BEING SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take this action within the next twenty (20) days after this complaint and notice are served by entering an appearance in writing personally or by attorney and filing with the Court your objections to the claims set forth against you. YOU ARE WANRED that if you fail to do so this case may proceed without you and a judgment may be ent- ered against you by the Court without further notice for any money claimed in the complaint or for any claims of relief requested Dy the Plaintiff. You may lose money or property or other rights im- portant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWER Ar ONCE. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RONALD A. RILEY, AK-8743, in his own behalf, 1100 PiKe Street, : Huntingdon, Pa 16654. : PLAINTIFF: : : -VS- : : FIRST UNION HOME EQUITY BANK, : d/b/a Financial Lending Institu- : tion and Enjoying Commerce In The State Of Pennsylvania, : 1000 Louis Rose Place, Charlotte,. North Carolina, 28288-1184 and : : FEDERMAN AND PHELAN, Esq., Two Penn Center Plaza, Suite : 900 Philadelphia, Pa 19102. : and : ROBERT B. LIEBERMAN, Esq., : 500 North Third Street, 12th Floor, PO Box 1004, Harrisburg, : Pa 17101-1004. : DEFENDANT'S: CIVIL ACTION NUMBER CIVIL ACTION-LA~ JURY TRIAL DE~3%NDED ON ALL TRIABLE ISSUES I. J U R I S D I C T I O N 1. This Court has exclusive jurisdiction pursuant to Art. 1 § ll,Pa. Const., providing that: "all courts shall be open; and every man, for an injury done him in his land, goods, person or reputation shall have remedy by due course of law; and, right and justice administered without sale, denial, or delay.*** "This Court has further jurisdiction pursuant to Art. 1 § 26, Pa. Const., and, Rule~s 1001 (a) (b) (1), 2101, and 2151 Pa. R. Civ. Proc., as relating to State institutions, political subdivisions, and part- nerships and corporations. Plaintiff seeks relief pursuant to Rule 1021 (a), supra, and as the law provides not mentioned herein. II. PARTIES 2. Plaintiff, RONALD A. RILEY, AK-8743, is and was, at all times mentioned herein, an individual citizen of the State of Penn- sylvania whose residence is 3653 Chestnut Street Camp Hill, Pa. 17- 011-4313, who presently resides at the State Correctional Institut- ion Huntingdon, Huntingdon, Pa 16654, where he is serving a term imposed for a criminal conviction within said jurisdiction of the State of Pennsylvania. 3. Defendant, FIRST UNION HOME EQUITY BANK Hereinafter Def- endant) is and was, at all times mentioned herein, a corporation which function is that of a financial lending institution enjoy- ing commerce within the State of Pennsylvania, and retained the other Defendant's as legal counsel to represent it in this matter now before this Court whereby liability would accrue based upon this relationship within said State and jurisdiction. 4. Defendant, FEDERMAN AND PHELAN, ESQ. (Hereinafter Defend- ant) is and was, at all times mentioned herein, a law firm repres- enting Defendant (FIRST UNION HOME EQUITY BANK) and enjoying comm- erce within the State of Pennsylvania. 5. Defendant, ROBERT B. LIEBERMAN, ESQ. (Hereinafter Defen- dant) is an attory representing Defendant (FIRST UNION HOME EQUITY BANK) during the time of the violation of Plaintiff's rights in this matter. III. F A C T S 6. On OctoDer 10th, 1998, Defendant (FIRST UNION HOME EQUITY BANK) served upon ROBERT M. MRAZ a "Notice Of Intention To Forcl- osure" on some property that Plaintiff is a party in interest in. 7. On November 18th, 1998, Plaintiff filed an Action In Equi- ty at No. 98-6576 a§ainst Defendant(FIRST UNION HOME EQUITY BANK) and ROBERT M. MRAZ which contained Plaintiff's Counterclaim to any action taken by Defendant's pertaining to the property at 3653 Che- snut Street Camp Hill, Pa 17011. 8. On January 21st, 1999, Defendant's filed a Mortgage Forcl- osure at No. 99-381 against Plaintiff and ROBERT M. MRAZ and EMMIE V. MRAZ. 9. On February 16th, 1999, Plaintiff filed Preliminary Objec- tions to Defendant's Moetgage Foreclosure which contained Plainti- ff's Counterclaim to any attempt to foreclose on said property that is a party to until final litigation of Plaintiff's Action In Equ- ity at No. 98-6576. 10. On March 5th, 1999, Defendant's Mortgage Foreclosure at No. 99-381 was reinstated. 11. On March 23rd, 1999, Plaintiff filed a Supplemental Pre- liminary Objection incorporating by reference all facts and state- ments set forth in his first Preliminary Objection as if presented at length in this pleading. 12. On April 5th, 1999, Defendant's filed a Response to Pla- intiff's Preliminary Objection which included Defendahf's Content- ion that Plaintiff cannot file a Counterclaim. 13. On April 9th, 1999, Plaintiff filed a Response to Defen- dant's April 5th, 1999, Response to Plaintiff's Preliminary Object- ion. 14. On April 13th, 1999, Defendant's filed a Response to Pla- intiff's Supplemental Preliminary Objection. 15. On April 20th, 1999, Plaintiff filed a Brief In Rebuttal to Defendant's April 13th, 1999, Response to Plaintiff's Supplem- ental Preliminary Objection. 16. On September 7th, 1999, Order of Court instructed Defend- ant's to file another Preliminary Objection to Plaintiff's Action In Equity at No. 98-6576. 17 On September 8t~, 1999, Plaintiff filed a Motion ro Dis- miss Defendant's September 7th, 1999, Preliminary Objection. 18 On September 27th, 1999, Plaintiff filed a Response to Defendant's Preliminary Objection. 19 On December 23rd, 1999, Plaintiff was directed to file a More Specific Complaint. 20 On January 12th, 2000, Plaintiff filed a Motion To Amend Complaint. 21 On January 24th, 2000, Defendant's filed a Response to Plaintiff's Motion To Amend Complaint. 22 On April 18th, 2000, Plaintiff's Complaint was deemed amended without prejudice to Defendant's right to file Preliminary Objections to the Amended Complaint if it deems the pleading still deficient. 23. On May 18th, 2000, Defendant's filed Preliminary Object- ions to Plaintiff's Amended Complaint. 24. On May 25th, 2000, Plaintiff filed a Objection to Defen- dant's Preliminary Objection to Plaintiff's Amended Complaint. 25. On January 24th, 2001, R. thomas Kline Sheriff sold Pla- intiff's $110.000.00 Home for 11.00 to Defendant's. 26. On March 6th, 2001, Plaintiff filed a Motion For dispos- ition On Pendin§ Counterclaim. 27. On March 21st, 2001, the Honorable J. ~esley Oler, Jr., Judge denied Plaintiff's Motion For Disposition On Pending Count- erclaim because the Counterclaim against Defendant's subsist in litigation pending in this Court at No. 98-6576 Civil term. 28. On December llth, 2001, Defendant's filed a Motion For Continuance. 29. On December 28th, 2001, the Honorable Kevin A. Hess, Jud- continued the Oral Argument requested by Defendant's. IV. LEGAL CLAIMS 30. Plaintiff incorporates by reference peragraphs 1 through 36 of this complaint which alleged as if fully set forth herein. 31. Named Defendant's, through the aforesaid facts, did del- iberately, recklessly, and with deliberate indifference to Plaint- iff's rights, committed fraud in the theft of Plaintiff's Home with the illegal Foreclosure and Sale having full and complete kno- wledge of Plaintiff's properly pleaded and maintained Counterclaim pending disposition before the Court in this matter, in violation with existing law(s) prohibiting such conduct. 32. Named Defendant's, knowingly, recklessly, and with del- iberate indifference to Plaintiff's rights and laws of this State did conspire in the filing and implementation of the illegal For- eclosure and Sale of Plaintiff's Home having prior knowledge of Plaintiff's properly pleaded and maintained Counterclaim pending disposition before the Court in this matter, in violation with exi- istin§ law(s) prohibiting such conduct. 33. Named Defendant's, are ne§ligent for their willful inf- liction oS emotional distress, anguish, anxiety and other trauma imposed upon Plaintiff and his family as a direct result of putt- ing all of their property out of Plaintiff's Home into the street with the illegal Foreclosure, Eviction, and Sheriff Sale in viola- tion with existing law(s) prohibiting such conduct. 34. Named Defendant's, as a direct result of their delibe- rate, reckless, and malicious actions are liable to Plaintiff and his family for the stolen and damaged property put out in the str- eet as a result of the illegal Foreclosure, Eviction, and Sheriff Sale of Plaintiff's Home and any damage to the property as a result of said action in violation with existing law(s) prohibiting such conduct. 35. Named Defendant's, through their deliberate, reckless, and malicious actions obstructed justice by initiating and carry- ing out an illegal Foreclosure,Eviction, and Sheriff Sale of Plain- tiff's Home having full and complete knowledge that Plaintiff's Counterclaim was pending disposition before the Court preventing any such action taken by the Defendant's against Plaintiff's Home, in violation with existing law(s) prohibiting such conduct. 36. The Plaintiff has no plain, edequate or complete remedy at law to redress the wrongs described herein. Plaintiff has been and will continue to be irreparably injured by the conduct of the Defendant's unless this Court grants the relief which Plaintiff seeks. V. R E L I E F SO U GH T WHEREFORTE, PLAINTIFF RONALD A. RILEY, AK-8743, respectfully request this Court to grant him the following relief: (a) A declaratory judgment that the Defendant's acts and pra- ctices described herein violated Plaintiff's rights under the Penn- sylvania Constitution and the United States Constitution; (b) the awarding of compensatory damages in the amount of one hundred fifty thousand dollers ($150,000.00) against the Defen- dant's for fraud, conspiracy, negligence, theft, obstruction of jus- tice, and deliberate infliction of emotional distress, anguish, anx- iety and other trauma imposed thereby which prompted the herein act- ion against said Defendant's, and, such damages being awarded by this Court upon Plaintiff; (c) The awarding of punitive damages in the amount of one hundred fifty thousand dollers ($150,000.00) to insure that named Defendant's shall eschew, refrain and prevent from instituting the afore-described conduct/practices in the future; (d) Defendant's named herein being assessed cost of this act- ion and reimbursing this Court and Plaintiff such cost incurred in the seeking and maintaining this action against them; (e) Such other and further relief as this Court may deem just, adequate and equitable. HUNTINGDON, PA 16654 IN THE COURT OF COMMON PLEAS FOR CUNBERLAND COUNTY, PENNSYLVANIA RONALD A. RILEY, AK-8743, in his own behalf, PLAINTIFF: -VS- FIRST UNION HOME EQUITY BANK, FEDERMAN AND PHELAN, ESQ., ROBERT B. LIEBERMAN,ESQ., DEFENDANT'S CIVIL ACTION NUMBER CIVIL ACTION-LA'~ JURY TRIAL DEMANDED ON ALL TRIABLE ISSUES PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. TO THE ABOVE$ COURT: Named Plaintiff in the above action, RONALD A. RILEY, AK-8743 "pro se" respectfully request this Court for leave to proceed in forma pauperis, without payment of fees or cost thereof and/or post- ing of security therefore because, as his below affidavit in support hereof indicates, he is unable to pay cost of this action and/or post security therefore. WHEREFORE, named Plaintiff respectfully request this Court to grant him leave to proceed herein as a pauper. DAT ED '~/4 6/~7~ 1100 PI~ STREEt HUNTINGDON, PA 16654 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD A. RILEY, AK-8743, in his : own behalf, : PLAINTIFF: : : -VS- : : FIRST UNION HOME EQUITY BANK, : : FEDERMAN AND PHELAN, ESQ., : ROBERT B. LIEBERMAN, ESQ., : DEFENDANT'S: CIVIL ACTION NUMBER CIVIL ACTION-LA~ JURY TRIAL DEMANDE ON ALL TRIABLE ISSUES AFFIDAVIt IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial conduction am unable to pay the fees and costs of defend- ing this action. 2. I am unable to obtain funds from anyone, including my fam- ily and associates, to pay the cost of litigation. 3. I represent that the information below relating to my abi- lity to pay the fees and cost is true and correct: (a) NAME: Ronald A. Riley, AK-8743 ADDRESS: State Correctional Institution Huntingdon, Pa 1100 Pike Street Huntingdon, Pa 16654. (b) EMPLOYMENT: Prison worker. SALARY OR WAGES PER MONTH: .19¢ per hour, $30.00 per mon- th, used for personal needs. (c) OTHER INCOME WITHIN tHE PAST TWELVE MONTHS: BUSINESS OR PROFESSION: None O'rHER SELF-EMPLOYMENT: None INTEREST: None DIVIDENS: None PENSION AND ANNUITIES: None SOCIAL SECURITY BENEFITS: None SUPPORT PAYMENTS: None DISABILITY PAYMENTS: None UNEMPLOYMENT COMPENSATION AND SUPPLEMENTAL BENEFITE: None WORKMENS COMPENSATION: None PUBLIC ASSISTANCE: None OTHER: None (d) OTHER CONTRIBUTIONS: None e) PROPERTY OWNED: CASH: None CHECKING ACCOUNT: None SAVING ACCOUNT: None CERITIFCATES OF DEPSIT: None REAL ESTATE: 3653 Chestnut Street Camp Hill, Pa 17011, single family home. MO~ER VEHICLE: None STOCK, BONDS: None OTHERS: None f) DEBT AND OBLIGATIONS: MORTGAGE: None RENT: None LOANS: None OTHERS: None PERSONS DEPENDENT UPON YOU FOR SUPPORT: None 4. I understand that I have a continuing obli§ation to inform the Court of improvements in my financial circumstance which would permit me to pay the cost incurred herein. 5. I verify that~the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relatin§ to unsworn falsification to authorities. 1100 PIKE S?REET HUN?INGDON, PA 16654 RONALD A. RILEY, Plaintiff FIRST UNION HOME EQUITY BANK, FEDERMAN AND PHELAN, and ROBERT B. LIEBERMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1466 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS bt' Oa EaOr co x AND NOW, this I~ day of May, 2002, upon consideration of Plaintiff's "Petition for Leave To Proceed in Forma Pauperis," and it appearing that the claims involved in this action are substantially the same as those involved in another action currently pending in this court at No. 98-6576 Civil Term, the complaint in this action is dismissed, see Pa. R.C.P. 240(j), without prejudice to Plaintiff's right to file a motion to amend the complaint docketed at No. 98-6576 Civil Term to add new defendants to that action if he deems it appropriate. BY THE COURT, J~esley Ol~r., J~. v ~ ,,~onald A. Riley AK-8743 1100 Pike Street Huntingdon, PA 16654 Plaintiff, Pro Se ~Michele M. Bradford, Esq. Two Penn Center Plaza Suite 900 Philadelphia, PA 19102 Courtesy Copy 4 ~ederman and Phelan Two Penn Center Plaza Suite 900 Philadelphia, PA 19102 Defendant ,/'Robert B. Lieberman, Esq. 500 North Third Street Harrisburg, PA 17101-1004 Defendant ,/~First Union Home Equity Bank 1000 Louis Rose Place Charlotte, NC 28288-1184 Defendant